Christian Circuit Judge Andrew Self is denying a second motion by attorneys for Micah Holland to dismiss the murder charge against him. Judge Self issued his ruling Thursday, stating there is probable cause to conclude that the force used by Holland was not legally justified, for the reason that he initiated the encounter.
He goes on to say “it is very hard for the court to understand how Mr. Holland maintains he was acting in self-defense in a fight that he started” and since he arrived on scene with two deadly weapons, a loaded .22 caliber rifle and his automobile.
Judge Self writes in his ruling that it is unequivocally clear that Holland was the attacker, not the attacked, and that by and through his actions, he initiated the act of aggression against Joey Weatherwax. He says the self-defense claim “defies logic, common sense and, most importantly, the evidence.”
The ruling says “if there is a legitimate claim that anyone was acting in self-defense on this occasion, it was Mr. Weatherwax.” Judge Self says the second reason he is denying the motion to dismiss the indictment is that there is absolutely nothing to indicate that either Holland or, his wife, Christina were in any kind of danger the night of September 9.
The two cousins reportedly had a history of making threats against each other, especially since Holland’s marriage to Weatherwax’s ex-wife. There is currently no additional court date scheduled in the case against Holland. Commonwealth's Attorney Lynn Pryor says she is pleased that Judge Self will allow a jury make the determination of whether Holland acted in self defense or not, rather than dismissing the indictment at this point.
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